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AS INTRODUCED IN LOK SABHA

Bill No. 233 of 2017

THE CRIMINAL LAW (AMENDMENT) BILL, 2017

By
DR. SHASHI THAROOR, M.P.
A

BILL
further to amend the Indian Penal Code, 1860 and the Code of Criminal Procedure
Code, 1973.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
5 1. (1) This Act may be called the Criminal Law (Amendment) Act, 2017. Short title and
commencement.
(2) It shall come into force on such date, as the Central Government may, by notification
in the Official Gazette, appoint.
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CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE, 1860
Amendment 2. In section 354D of the Indian Penal Code, 1860, for sub-section (1), the following 45 of 1860.
of section sub-section shall be substituted, namely:
354D.
"(1) Whoever— 5

(i) follows a person and contacts, or attempts to contact such person to foster
personal interaction repeatedly despite a clear indication of disinterest by such person,
or
(ii) monitors the use by a person of the internet, email or any other form of
electronic communication, or 10

(iii) watches or spies on a person,

in a manner that results in a fear of violence or serious alarm or distress in the mind of
such person, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the person who pursued it
proves that— 15

(i) it was pursued for the purpose of preventing or detecting crime and the
person accused of stalking had been entrusted with the responsibility of prevention
and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or 20

(iii) in the particular circumstances such conduct was reasonable and justified.".

CHAPTER III
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973
Amendment 3. In the First Schedule to the Code of Criminal Procedure, 1973, under the heading
of the First "I-OFFENCES UNDER THE INDIAN PENAL CODE", for the entries relating to sections 25
Schedule.
354A, 354C and 354D the following entries shall be substituted, namely:—

1 2 3 4 5 6

"354A Sexual Imprisonment which Cognizable Non-bailable Any Magistrate

harassment of may extend to 3
the nature of years or with fine or 30
unwelcome with both.
physical
contact and
advances or a
demand or 35
request for
sexual
favours,
showing
pornography. 40
Sexual Imprisonment which Cognizable Bailable Any Magistrate
harassment of may extend to
the nature of 1 year or with fine or
making with both.
sexually 45
coloured
remark.
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1 2 3 4 5 6

354C Voyeurism Imprisonment of not Cognizable Non-bailable Any Magistrate

less than 1 year but
which may extend to
5 3 years and with fine
for first conviction.
Imprisonment of not Cognizable Non-bailable Any Magistrate
less than 3 years but
which may extend to
10 7 years and with fine
for second or subsequent
conviction.
354D Stalking Imprisonment up to Cognizable Non-bailable Any Magistrate
3 years and with fine
15 for first conviction.
Imprisonment up to Cognizable Non-bailable Any
5 years and with fine Magistrate.”.
for second or
subsequent
20 conviction.
 STATEMENT OF OBJECTS AND REASONS
Protection from sexual violence is a right guarantee specifically within the context of
the right to life and personal liberty under article 21 of the Constitution of India. Key to this
is the right to dignity, which has long been recognised as an integral part of the Constitution
of India.
The State is duty bound under the Constitution to enact legislation that protects
women's safety against any threat, or suitably amend legislation that does not effectively
address threats to a woman’s safety and thereby their constitutionally guaranteed rights of
safety and dignity, as laid down by the Supreme Court in Vishakha Vs State of Rajasthan.
The offences of sexual harassment, voyeurism and stalking are crimes with serious
repercussions. However, the bailable nature of these offences, often leads to the accused
obtaining bail without serious judicial scrutiny regarding the risk that the accused may pose
to the complainants and the likelihood of the accused attempting to intimidate complainants
and witnesses or commit further offences against them. Courts are not expected to grant bail
to accused persons who may vitiate the right of the complainant to seek justice. Therefore,
it is inconsistent with the jurisprudence of the Supreme Court and the underlying logic of the
dichotomy between bailable and non-bailable offences, for such offences to remain as bailable
offences.
The fluid nature of the system of bail in these cases effectively also serves as a strong
deterrent for women across the country to report these specific crimes in the first place, out
of fear of the repercussions it would entail. However, if these laws are suitably amended, it
would encourage women from across the demographic, social and economic divide to rise up
and speak out against these crimes with fortitude.
The Bill is therefore a progressive step forward to ensuring that women in our country
can lead dignified and empowered lives, a fulfilment of their constitutionally guaranteed
right to life and personal liberty.
Therefore, this Bill.

NEW DELHI; SHASHI THAROOR

November 27, 2017.

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 ANNEXURE
EXTRACT FROM THE INDIAN PENAL CODE, 1860
(NO. 45 OF 1860)
* * * * * *
354D. (1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster
personal interaction repeatedly despite a clear indication of disinterest by
such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of
electronic communication; or
(iii) watches or spies on a woman in any manner, that results in a fear of violence
or serious alarm or distress in the mind of such woman, or interferes with the
mental peace of the woman, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it
proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man
accused of stalking had been entrusted with the responsibility of prevention
and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished with imprisonment of
either description for a term which shall not be less than one year but which may extend to
five years, and shall also be liable to fine.'
* * * * * *

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 EXTRACT FROM THE CODE OF CRIMINAL PROCEDURE, 1973
[2 OF 1974]
* * * * * *
CHAPTER XVI.-OFFENCES AFFECTING THE HUMAN BODY

1 2 3 4 5 6

"354A Sexual Imprisonment which Cognizable Bailable Any Magistrate

harassment of may extend to 3
the nature of years or with fine or
unwelcome with both.
physical
contact and
advances or a
demand or
request for
sexual
favours,
showing
pornography.
Sexual Imprisonment which Cognizable Bailable Any Magistrate
harassment of may extend to 1
the nature of year or with fine or
making with both.
sexually
coloured
remark.
354C Voyeurism Imprisonment of not Cognizable Bailable Any Magistrate
less than 1 year but
which may extend to
3 years and with fine
for first conviction.
Imprisonment of not Cognizable Non-bailable Any Magistrate
less than 3 years but
which may extend to
7 years and with fine
for second or subsequent
conviction.
354D Stalking Imprisonment up to Cognizable Bailable Any Magistrate
3 years and with fine
for first conviction.
Imprisonment up to Cognizable Non-bailable Any Magistrate
5 years and with fine
for second or
subsequent
conviction.

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 LOK SABHA

————

BILL
further to amend the Indian Penal Code, 1860 and the Code of Criminal Procedure
Code, 1973.

————

(Dr. Shashi Tharoor, M.P.)

GMGIPMRND—2660LS(S3)—18-12-2017.